For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT MEDIA. Includes printed matter, magazines, newspapers, books, pictures, slides, records, audio tape, videotape, motion picture film, compact discs, digital video discs, floppy discs and other communicative materials which are distinguished or characterized by their emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT USES. Include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public. Licensed or accredited veterinary, medical or educational establishments shall not be considered ADULT USES.
ADULT USE, INCIDENTAL. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross receipts derived from adult media rentals or sales for the customer’s private use off-premises.
ADULT USE, NONPROTECTED. An adult body painting studio, adult companionship establishment, adult conversation/rap parlor, adult health/sport club, adult hotel/motel, adult massage parlor, adult modeling studio, adult sauna, adult steam room/bathhouse/spa or other use, business or establishment providing on-premises, personal encounters with an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE, PRIMARY. An adult bookstore, adult cabaret, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater, adult novelty business or any other use, business or establishment meeting any of the following:
(1) Advertising, or otherwise holding itself out, in any forum as featuring “adult”, “hardcore”, “XXX”, “sex” or otherwise as an adult use, despite having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross receipts derived from adult media rentals or sales for the customer’s private use off-premises;
(2) Having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from adult media rentals or sales;
(3) Providing any form of on-premises entertainment with an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas; or
(4) An adult use not meeting the definition of adult use, incidental or adult use, nonprotected.
ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
ADULT BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of adult media if the building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age or if a substantial or significant portion of the items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT HOTEL/MOTEL. Adult hotel/motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MASSAGE PARLOR. A massage parlor which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by the customers.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any on time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT STEAM ROOM/BATHHOUSE/SPA. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitalia, pubic region, perineum anal region, natal cleft or the nipple and/or areola of the female breast(s).
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, pygmalionism, urolagia;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;
(6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
(7) Human erection, urination, menstruation, vaginal or anal irrigation.
(Ord. 92, passed 11-18-2002)